§ 9-5-8.Grant of injunctions in discretion of court; power to be exercised cautiously
Chapter 5. Injunctions · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-5-8
Plain-English Summary
This is the section that ties the rest of the chapter together. Whatever specific ground a party relies on — trespass, waste, a threatened tort, a sheriff’s sale — the ultimate call on whether to grant or continue an injunction belongs to the judge, exercised according to the circumstances of the particular case.
The statute does not leave that discretion unguided. It tells judges to use the power prudently and cautiously, and it goes further, saying an injunction “should not be resorted to” except in clear and urgent cases. That is a deliberate check against treating injunctions as an everyday remedy.
The rule covers continuing an injunction, not just granting one in the first place — so a judge revisiting whether an existing injunction should stay in place applies the same cautious standard as one deciding whether to issue it. Taken together with the specific grounds elsewhere in this chapter, this section is the backstop: even where a party checks every box for a particular type of injunction, the judge still weighs whether the case is clear and urgent enough to warrant it.
Frequently Asked Questions
Who decides whether to grant or continue an injunction in Georgia?
The judge does, exercising sound discretion according to the circumstances of each case.
What standard governs how a judge exercises that discretion?
The power must be exercised prudently and cautiously, and, except in clear and urgent cases, should not be resorted to.
Does this section treat injunctions as a routine or an exceptional remedy?
As an exceptional one. The statute limits resort to injunctions to clear and urgent cases rather than treating them as an ordinary form of relief.
Does this section apply only to the initial decision to grant an injunction?
No. It covers both the granting and the continuing of injunctions, so the same cautious standard applies when a court reconsiders whether an existing injunction should remain in effect.
Does the section define what makes a case “clear and urgent”?
No. It leaves that judgment to the discretion of the judge based on the facts of the case before him.
Amendment History
Orig. Code 1863, § 3141; Code 1868, § 3153; Code 1873, § 3220; Code 1882, § 3220; Civil Code 1895, §§ 4902, 4920; Civil Code 1910, §§ 5477, 5497; Code 1933, § 55-108.